HomeMy WebLinkAboutOrdinance No. 2017-2259CITY OF THE COLONY, TEXAS
ORDINANCE NO.2011 ` TZ Sq
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING OF THE CODE OF ORDINANCES,
CHAPTER 12, ARTICLE II, ENTITLED "SOLID WASTE DISPOSAL"
BY ADDING A NEW SECTIOti 12-27.1, ENTITLED "RESIDENTIAI,
CONSTRUCTION AND DEMOLITION MATERIAL," BY PROHIBITING
THE USE OF NON -FRANCHISE ROLL -OFFS, FRONTLOADERS, OR
OTHER CONTAINERIZED UNITS FOR THE COLLECTION OF
RESIDENTIAL CONSTRUCTION AND DEMOLITION MATERIALS;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO
THOUSAND DOLLARS ($2,000) FOR EACH AND EVERY OFFENSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of The Colony, Texas, has discussed and
considered such revisions and has determined that it is in the best interest of the City to add a new
section 12-27.1, entitled "Residential construction and demolition material," by prohibiting the
use of non -franchise roll -offs, frontloaders, or other containerized units for the collection of
residential construction and demolition materials.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. The findings set forth above are incorporated into the body of this Ordinance
as if fully set forth herein.
SECTION 2. That the Code of Ordinances of the City of The Colony, Texas be, and the
same is, hereby amended by amending Chapter]2, Article II, by adding a new section 12-27.1,
entitled "Residential construction and demolition material," which shall read as follows:
"Sec. 12-27.1. Residential construction and demolition material.
Construction and demolition material that results from construction, remodeling,
repairing, or destruction of a residential unit shall not be subject to the franchise
agreement if collected and transported via pickup truck, pickup truck and trailer(s), dump
truck(s), dump truck and trailer(s), trailer(s), semi -tractor and trailer(s), or any
combination of these. Any roll -off, frontload, or other containerized unit used to collect,
hold, or transport construction and demolition waste shall be those owned and operated
by the franchisee."
SECTION 3. If any section, article paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by
a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions
of this Ordinance; and the City Council hereby declares it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 4. That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and
all other provisions of the Ordinances of the City not in conflict with the provisions of this
ordinance shall remain in full force and effect.
SECTION 5. Any person, firm, or corporation violating any of the provisions of this
Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court
of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two
Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a
separate offense.
SECTION 6. This Ordinance shall become effective immediately upon its passage and
publication as required by law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 16th day of May, 2017.
A ST:
Tina Stewart, City Secretary
APPROVED AS TO FORM:
(:�5
eff Moore, City Attorney
G
J MCCourry, :Mayor
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